Girija Maheshwari v. The State of Telangana
Case brief
What is this about?
The High Court held that quashing proceedings in a Domestic Violence Case under Section 482 CrPC is not maintainable as Section 29 of the DV Act provides an adequate remedy. Accordingly, the Court dismissed the quash petition but dispensed with the petitioner's personal appearance in the lower court, permitting representation by counsel.
What did the court decide?
Quash petition dismissed; personal appearance dispensed with; liberty to apply for discharge.
What the court decided
[32s4 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA A.T HYDERABAD
TUESDAY .THE EIGHTH DAY OF AUGUST
TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION NO: 7445 OF 2023
Between:
- Girija Maheshwari. Wo.Gopal Maheshwari, Age 66 years, Occ. Housewife, R/o. Flat No 403, Venkateshwara Archid, Beside lndian Overseas Bank. [r,4otinagar, Borabanda, Hyderabad.
...PETITIONER RESPONDENT No. 2
AND
- The State of Telangana, Rep.by its Public ProsecutorHigh Court for the State of Telangana. Hyderabad.
Issues for consideration
2 issues framed by the court
Whether a petition under Section 482 CrPC is maintainable for quashing proceedings in a Domestic Violence Case.
Whether the petitioner should be dispensed from personal appearance while allowed to file for discharge.
Parties & counsel
- petitioner
Girija Maheshwari
- respondent
State of Telangana
- respondent
Mrs. Afshan Khan
Coram
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · August
- Registered
- Case no.
- CRLP/7445/2023
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